VRAJESH MADHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner - original accused No.4 to quash and set aside the impugned complaint being Criminal Case No.294 of 2009 pending in the court of learned Judicial Magistrate (First Class), Vadodara for the offence punishable under section 138 read with Sec. 141 of the Negotiable Instruments Act.

(2.) The impugned complaint being Criminal Case No.294 of 2009 in question is lodged by the respondent No.2 herein - original complainant against the petitioner herein and other accused persons in the court of learned Judicial Magistrate (First Class), Vadodara for the offence punishable under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act for dishonour of the Cheque bearing No.076472 dated 6/12/2008 drawn by the accused No.1 Partnership Firm. In the said complaint the learned Magistrate has directed to issue Summons against the accused persons inclusive of the petitioner for the offences punishable under section 138 of the Negotiable Instruments Act. Hence, the petitioner - accused No.4 has preferred the present petition under Sec. 482 of the Code of Criminal Procedure to quash and set aside the impugned complaint QUA him.

(3.) Mr.Chirag Patel, learned advocate appearing on behalf of the petitioner - original accused No.4 has submitted that as such the cheque in question was issued by the accused No.1 Partnership Firm and the petitioner herein - accused No.4 was not partner of the accused No.1 Partnership Firm. He has further submitted that as such the petitioner resigned / retired as a Partner of the original accused No.1 Partnership Firm way back in the year 2001 and even the same was intimated to the Registrar of Firm, Baroda Circle, Baroda. Therefore, it is submitted that at the relevant time when the cheque in question was issued, the petitioner herein was not a partner of the original accused No.1 Partnership Firm and therefore, he cannot be held liable for the offence punishable under section 138 of the Negotiable Instruments Act alleged to have been committed by the original accused No.1 Partnership Firm.